July 14, 2017 by The Mamaroneck Review

Mamaroneck REVIEW THE

July 14, 2017 | Vol. 5, Number 28 | www.mamaroneckreview.com

Ralph’s closes doors after tumultuous year By JAMES PERO Staff Writer

with heart

Big Picture Foundation brought children from the U.S. and Syria together to enjoy an afternoon at The Metropolitan Museum of Art. The foundation works with children to help fundraise through works of art they create. For story, see page 6. Photo courtesy Roundhillcolormill.com

Village deputy mayor at center of ongoing ethics probe By JAMES PERO Staff Writer In fending off an ethics complaint, Republican Deputy Mayor Louis Santoro will move to avail himself of a taxpayer-funded attorney made possible by a proposed amendment to village law. Specifically, the proposed law would amend village code to include volunteers of boards or commissions, or elected officials that wish to defend themselves from administrative actions brought against them while carrying out their official duties using taxpayer money. This would mark the second

time in the last year that Santoro would have hired his own attorney and asked the village to reimburse him for costs. The proposal has yet to be discussed via public meeting, but according to Trustee Leon Potok, a Democrat, the issue will be mulled by the village board throughout the course of the next several months. The complaint which spurred the amendment proposal, was filed by village resident Sue McCrory and alleges Santoro broke Open Meetings Law law by failing to properly recuse himself during public discussions earlier this year regarding the village’s

reimbursement of his personal attorney fees. In 2016 Mayor Norman Rosenblum, a Republican, sued the village of Mamaroneck Board of Trustees, including Santoro, in an attempt to stymie two referenda proposed by board Democrats that altered various powers and privileges of the mayor, including appointments to land use boards. However, Santoro did not vote in favor of moving forward with the referenda. During the litigation, which lasted little more than one month before being thrown out by a Westchester County judge, Santoro hired his own personal de-

fense attorney, opting not to utilize representation from an attorney retained by the rest of the Democratic members of the Board of Trustees. According to Trustee Keith Waitt, a Democrat, to overturn the decision made by the Board of Trustees, Santoro, a member of the body, was required to be included in the lawsuit. The Board of Trustees, at its Feb. 13 meeting, voted to unanimously to approve the village’s reimbursement of Santoro’s personal attorney fees in that matter. While Santoro recused himself from voting that night, the ETHICS continued on page 9

Ralph’s Italian Ices & Ice Cream, a popular Mamaroneck eatery, will shutter its doors this week after the village Zoning Board of Appeals’ unanimous vote to deny the business a special permit. Now, village officials fear a retaliatory lawsuit may be imminent. The storefront’s closure punctuates a year of being mired in litigation, uncertainty and scrutiny from neighboring residents and land use boards; both of whom have been vocal in their opposition to the store which they describe as detrimental to noise, traffic and safety conditions. “We thought that it was difficult—if not impossible—to configure that use for that neighborhood in a way that would be compatible with that community,” said zoning board Chairman Barry Weprin. Ralph’s was forced to undergo a special permitting process after being re-processed as a fast food establishment; a use that is not expressly permitted in C-1 district’s without the approval of a special permit. That permit application was denied was rejected by the zoning board at its July 6 meeting. Among the land use issues surrounding Ralph’s operation were exacerbated traffic conditions and the use of an outdoor counter which is not allowed in the village without a variance. From the beginning, Ralph’s operations, out of its 946 E. Boston Post Road storefront, have

been inauspicious; the Mamaroneck location—opened in May 2016—marked the first Ralph’s in Westchester County. Last year, the store—which is part of a broader Staten Island-based franchise—was found to have been misclassified as a retail establishment during its original application process by village Building Inspector Dan Gray. It was later determined that the business should have been processed as a fast food restaurant. That classification also allowed for the business to circumvent a special permitting process, subsequent site plan reviews, and a public notice to residents that the business planned to open in their neighborhoods. C-1 zoning districts, like the one currently encompassing Ralph’s storefront, do not allow expressly allow for fast food establishments and mandate that any application for one undergo a special permitting process. After a zoning appeal launched by residents from the neighboring Keeler and Frank avenues, however, Ralph’s underwent a retroactive special permitting process, and was scrutinized as a fast food restaurant. Weprin, who said he couldn’t speak in length on the matter due to potential litigation, described the elongated process of vetting Ralph’s as “unique.” “Normally they would have to apply for special permit before they open,” he said. “I’m hopeful that something like this will never happen again.” RALPH’S continued on page 10